The Upshur Advocate: 1/25/09 - 2/1/09

Saturday, January 31, 2009

Gilmer Man Arrested For Longview Vehicle Burglary

Longview PD arrests Logan Vincent Fowler on 911 tip

LONGVIEW, TX, Jan. 28, 2009 -- Even icy, cold weather and poor driving conditions didn’t slow two suspects intent on burglarizing a car in Longview. They were rewarded for their efforts by being arrested and booked into the Gregg County Jail.

At approximately 3:40 a.m., a woman heard a car alarm sound outside of her
home in the 600 block of Little Street. As she looked out her window, she
observed a subject burglarizing a car and she then called Longview Police. The
witness was able to provide 9-1-1 dispatchers with a description of a vehicle that
picked the suspect up.

As Longview Officers responded to the scene, other officers circulated the area
and were able to locate the suspects driving in the 1300 block of Reel Road. The
suspects were stopped and officers located burglary tools and other evidence
that linked them to the vehicle burglary on Little Street.

Arrested were Logan Vincent Fowler, date of birth 12-03-1989 of 6492 Nichols
Trail in Gilmer, and Oscar Gomez Soto, date of birth 4-02-1990 with no address
given.

Both Fowler and Soto have been charged with burglary of a motor vehicle
(class A misdemeanor) and tampering with identification numbers (class A
misdemeanor).

Commissioners Say Yes To Jail Work, No To Roads

County Jail Administrator to get new office space

GILMER, TX, Jan. 30, 2009 -- Upshur County commissioners agreed today to renovations in the jail building, designed to create a new office for the County Jail Administrator.

In other business, they approved and accepted the plat filed for the Eagle Ranch Subdivision, and reappointed David Stevenson as Upshur's representative on the board of the Northeast Texas Regional Mobility Authority.

Commisioners split, though, on whether to accept two private roads, PR-1198 and 1199, into the county maintenance inventory.

Commissioner James Crittenden argued for accepting the roads, saying in effect that residents who live on the road had fulfilled their two year obligation to maintain the roads.

But Commissioner Joe Ferguson argued against acceptance, saying the roads did not have school bus turnarounds. His argument was helped by Bubba Pendarvis, Road Administrator, who said the roads did not meet county specifications.

Crittenden said he had spoken with Gilmer ISD Superintendent Rick Albritton, and had been told buses currently picked up and dropped off children at the corners of the two roads and Golden Eagle Road. Crittenden said Albritton had confirmed that the routes would't change, even if the county accepted the roads.

Ferguson, seizing on Pendarvis' statement, said the county "might as well throw away our specifications", and worried that accepting the roads would set a precedent the county would have to live by in later actions.

In the end, Commissioner's Crittenden and Glenn Campbell voted to accept the roads, and Ferguson, along with Commissioner Lloyd Crabtree voted against it. County Judge Dean Fowler cast the tie-breaking vote against accepting the roads, saying he based his vote on Pendarvis' comments.

Friday, January 30, 2009

Rep. Hughes: "...Abuses Like The Trans Texas Corridor Must Be Stopped"

Never shy about tackling an issue head on, Texas District 5 Representative Bryan Hughes lists his top priorities for the current legislative session.

AUSTIN, TX, Jan. 29, 2009 -- If Rep. Bryan Hughes has his way, the Texas Department of Transportation (TxDOT) is in for a shake-up.

The Advocate asked Hughes to detail his agenda for the current 81st Legislative session, and he listed fiscal responsibility, education and transportation as his top three items of focus.

On transportation, he noted that along with 26 other agencies, a sunset review of TxDot was due. The reviews are conducted by the legislature to determine whether agencies should continue to be funded, be abolished, or be reformed.

Regarding the review of TxDot, Hughes said "...one of the most hotly contested agency reviews will be of the Texas Department of Transportation. As we review every aspect of TxDOT's operations, my focus will be on providing quality roads while respecting private property rights."

It will be interesting to see if Hughes finds a friend in Governor Perry on that issue. Perry, a strong supporter of the Trans Texas Corridor (TTC), has also highlighted protecting Texas property owners from Imminent Domain abuse as a focus of this year's session.

TxDot recently said the TTC project was dead, but announced intentions to move ahead on the concept by breaking it into smaller pieces. Landowner advocates, budget hawks and environmental groups have waged a pitched battle against the project since it's inception.

Regarding that, Hughes went on to say "Our roads should never be sold to foreign companies, and abuses like the Trans Texas Corridor must be stopped. I also support requiring greater transparency at TxDOT, so taxpayers know exactly what road projects cost and the justification for each project."

On Fiscal Responsibility:
"The Comptroller recently announced that the State would have about $9 billion less in revenue than we had two years ago. This means we have to find a way to provide critical services (such as) education, transportation, public safety, human services, to Texans, with less money.

"There are some in the Legislature that would like to make up this gap with increased taxes. I feel strongly that now is not the time to be increasing taxes on Texas families and the Legislature should cut wasteful spending and use tax dollars wisely, cut, simply and reform taxes so that Texas families can keep more of what they earn and businesses can create new jobs, return surplus tax revenues to taxpayers, and spend dedicated funds on their intended purpose.

"Six years ago, the State faced similar budget problems, and we correctly balanced the budget without raising taxes. We can and must do that again."

On Education:
"Texas should be a leader in public education. We will focus our efforts on driving more of our tax dollars into the classroom and away from administrative overhead.

"The Legislature will also look at ways to increase accountability for school districts. We want to reward and recognize when our schools improve student performance. In addition to academic performance, there will be efforts to look at a school district's fiscal health and financial management practices in measuring a school district's overall performance."

Hughes closed by saying "I will also be working on making health care more affordable for Texas families, doing everything in the State's power to secure our border with Mexico, and protecting our State's natural resources and energy supplies."

The Advocate will be asking Hughes for updates throughout the year. Readers are encouraged to post questions and concerns, and we'll include them in our questioning.

Gilmer Man Sentenced To 14 Years On Drug Charges

James Earl Robertson pled guilty Thursday to Possession of a Controlled Substance with Intent to Deliver.

GILMER, TX, Jan. 29, 2009 -- Judge Lauren Parish presided over nine criminal plea trials Thursday, hearing seven guilty pleas and revoking probation on two men previously convicted of unrelated forgeries.

The harshest penalty handed down was to Robertson, 41, of Gilmer. Facing a maximum of 99 years for his 1st degree felony, Parish sentenced him to 14 years in prison on the drug trafficking charge. Upshur D.A. Billy Byrd prosecuted the case. Robertson was defended by Ryan Hill.

Parish revoked probation on Taylor Justin Dawson, 28, of Gilmer. Dawson, who pled true to the state's allegations, was sentenced to one year in prison for the crime of Forgery of a Financial Instrument, a State Jail felony. Byrd prosecuted.

Likewise, probation was revoked for Nicholas Damon Woods, 30, of Gladewater. Pleading true, he was sentenced to 18 months in prison for Forgery of a Government Instrument, also a State Jail felony. Byrd prosecuted.

Other pleas heard, and sentences handed down, were:
* Damion Webb, 24, of Longview. Pled guilty to Assault, a class "A" misdemeanor. Sentenced to 60 days in the Upshur County Jail. Upshur Assistant District Attorney Edward Choy prosecuted the case.

* Charles Albert Beall, 19, of Ore City. Pled guilty to Burglary of a Building, a state jail felony. Sentenced to nine months in prison. Choy prosecuted.

* Gwendolyn Denise Pearce, 48, of Winona. Pled guilty to a subsequent offense of Driving While Intoxicated, a third degree felony. Sentenced to ten years in prison. Byrd prosecuted.

* Jimmy Keith Barber, 30, of Gilmer. Pled guilty to Robbery, a second degree felony. Sentenced to eight years in prison. Byrd prosecuted.

* Torchie Renee Pepper, 52, of Arlington. Pled guilty to a subsequent offense of Driving While Intoxicated. Sentenced to five years probation, and fined $1376.00. Byrd prosecuted.

*Decorian Timmons, 35, of Gladewater. Pled guilty to Theft, a class "A" misdemeanor. Sentenced to 18 months probation and fined $821.00. Byrd prosecuted.

Upshur Grand Jury Indicts 20

Considering 21 cases, the Grand Jury handed down indictments on 20, seven of which were sealed.

GILMER, TX, Jan. 29, 2009 -- Billy Byrd, Upshur County District Attorney, reported today that the Upshur County Grand Jurors handed down 21 indictments Tuesday, ranging in seriousness from Evading with a Vehicle to Aggravated Sexual Assault of a Child.

Sealed indictments were for Aggravated Sexual Assault of a Child, Theft of a Firearm, three counts of Evading with a Vehicle, Possession of a Controlled Substance with Intent to Deliver and Bail Jumping/Failure to Appear.

Those indicted were:

Robert Harris Kimball, 37, of Pittsburg. Charged with Indecency with a Child, a 3rd degree felony. Kimball is currently free on a $5000.00 bond.

Jennifer Brown, 27, of Pittsburg. She is charged with Aggravated Assault, Threat with a Deadly Weapon, a 2nd degree felony. She is currently free on a $5000.00 bond.

John Manuel Thadeus, 48, of Gladewater. Charged with Aggravated Assault, he is currently free on a $10,000.00 bond.

James Leonard Berry, 34, of Gilmer. Charged with Retaliation, a 3rd degree felony, he is currently free on a $10,000.00 bond.

David Earl Gordy, 62, of Winnsboro. Charged with two counts of Deadly Conduct, he is currently free on a $50,000.00 bond.

Deanna Peleaz, 25, of Gilmer. Charged with Prohibited Substance in a Correctional Facility, a 3rd degree felony, she is jailed at the Upshur County Jail with bail set at $25,000.00.

James Matthew Robinson, 27, of White Oak. Charged with Burglary of a Building, a State Jail Felony, he is jailed at the Upshur County Jail.

Earl Henry Parker, 61, of Gilmer. Charged with Evading with a Vehicle, a State Jail felony, he is currently free on a $2000.00 bond.

Johnny Edward Gordon, 56, of Gladewater. Charged with Assault/Family Violence (enhanced), a 3rd degree felony, he is currently free on a $10,000.00 bond.

Karen Behan Wilson, 51, of Diana. Charged with a subsequent offense of Driving While Intoxicated, a 3rd degree felony, she is jailed in the Upshur County jail with bail set at $20,000.00.

Russell Craig Turner, 39, of Gilmer. Charged with Possession of a Controlled Substance with Intent to Deliver, a 1st degree felony, he is jailed in the Upshur County Jail. Bail has not been set.

Perry Gene McCoy Sr., 50, of Gilmer. Charged with Possession of a Controlled Substance with Intent to Deliver, he is currently free on a $75,000.00 bond.

Thursday, January 29, 2009

SCHIP Bill Passes In Senate, Texas Senators Split On Vote

Only slightly amended from a companion House bill passed earlier, Senate Democrats and nine Republicans passed the measure today.

WASHINGTON, DC, Jan. 29, 2009 -- The Democrat plan to reauthorize and expand the federal government's role in insuring children, the State's Childrins's Health Insurance Plan (SCHIP), passed the US Senate today 66-32, and will head back over to the House next week for what is expected to be final passage.

Owing to the small amount of tinkering senators did on the bill, swift passage in the House is almost assured. With the backing of President Obama pledged earlier, Democrats should soon be able to announce that one of Obama's key campaign promises has already been kept.

Texas' two Republican senators, Kay Bailey Hutchison and John Cornyn, parted ways on the vote, with Hutchison voting for the bill and Cornyn voting against.

In a press release today, Hutchison said “Texas has the highest rate of uninsured children in the nation. I voted to reauthorize SCHIP because it provides critical federal funds for young Texans’ health care needs, which are not currently being met. The 72 cent federal match under SCHIP will also deliver a cost savings to state and local taxpayers, so they aren’t paying the full expense of treatment,”.

Under the bill passed today, Texas’ SCHIP allotment is expected to rise 72% from approximately $550 million to over $945 million, according to the Congressional Research Service. It also authorizes federal reimbursement for legal immigrant children under the SCHIP program, which will return approximately $23 million per year to the State of Texas.

According to the Texas Health and Human Services Commission, Texas spent $25.2 million in FY08 on healthcare for 16,200 eligible legal immigrant children, and estimates that the number of eligible and enrolled legal immigrant children will grow to approximately 20,000 in FY09.

Said Sen. Hutchison. “Under this legislation, Texas’ SCHIP allotment is projected to increase by more than 70 percent, making available an additional $395 million, allowing hundreds of thousands of low-income children across the state access to healthcare.”

Hutchison offered an amendment today that would have increased Texas' allotment based on it's percentage of children with no health insurance coverage above the national average. Her amendment was voted down 81-17. Hutchison was joined by Cornyn on that vote.

Cornyn yesterday offered an amendment that would have reduced eligibility to the program and retained a five year waiting period for legal immigrants to join the program.

Speaking on that amendment, Cornyn said “To improve the bill and to focus on low-income children, I've offered this amendment that prohibits redistributing funds to states that have expanded their SCHIP program to higher income families or adults … Redistributed funds should be reserved for covering low-income children, to assist states with specific outreach and enrollment activities that will help enroll large numbers of low-income children who are eligible but not enrolled. We have a choice. We can either focus on low-income children or we can choose to expand the program and leave many low-income children behind,”.

Both Texans voted for that amendment, which also failed.

Jail Renovations On Commissioners Court Agenda

Commissioners will discuss renovating the jail to add a Jail Administrator's office.

GILMER, TX., Jan. 29, 2009 -- The Upshur County Commissioners Court will hold their regular meeting tomorrow at 9:00 a.m. on the third floor of the courthouse.

Besides the routine matters of payrolls, budgets and accounts payable, commissioners will consider renovating the county jail building to include new office space for the Jail Administrators office.

They will also receive a report from the Sheriff's Office on Racial Profiling.

Other items on the agenda:
* Discuss and take action on filing the plat for the Eagle Ranch Subdivision.
* Consider reappointing David Stevenson to the Northeast Texas Regional Mobility Authority.
* Consider and take action on an agreement between the Sheriff's Office and the City of Gilmer concerning shared use of a vehicle.
* Consider accepting two private roads, PR1198 and PR199, into the county maintenance inventory.
* Discuss possible action on Lantanna Road.

Eltife Files Legislation to Protect Electric Consumers

Bill would delay deregulation of SWEPCO's rates.

AUSTIN, TX., Jan. 29, 2009 -— Senator Kevin Eltife, R-Tyler, has filed Senate Bill 547,a measure to preserve low electric rates for areas of North East Texas served by the Southwestern Electric Power Company (SWEPCO), including the cities of Texarkana, Longview and Marshall.

Eltife saya the bill reiterates his commitment to keeping electric costs lower than the lowest investor-owned utility rate in Texas.

"Allowing the families of North East Texas to continue to enjoy low electric rates is one of my top priorities for this session," Eltife said. "I filed SB 547 to meet this objective and provide stability for our area's electric market."

In 2003, the Public Utility Council (PUC) passed an administrative ruling stating that areas in Texas that belong to SWEPCO would remain regulated until August 31, 2007, or when the market is ready.

Despite the PUC's ruling, Eltife said that electric consumers' interests would be best protected if the language was included in Texas law. "We need to put safeguards in place to protect customers from dramatic rate increases that could result from a deregulated electric market," said Eltife, a member of the Senate Business and Commerce Committee that has oversight of the PUC. "Residential rates in our area are on average 45 percent lower than those in neighboring cities that have entered the competitive market. It is my hope that this legislation will help preserve low rates North East Texans have come to enjoy."

Earl Roberts, former Mayor of Longview, is on the forefront of this issue. Roberts has been the lead spokesman for Cities Advocating Reasonable Deregulation (CARD), a group of elected officials in cities and counties served by SWEPCO. "The consumers in East Texas are vitally interested in keeping costs down especially in these economic times. We believe the path toward deregulation runs contrary to that interest," Roberts said.

Currently, retail electric companies in non-competitive areas must satisfy certain PUC criteria before deregulation can be introduced. SB 547 delays full deregulation in North East Texas and establishes a structure for the transition of certain investor-owned electric utilities into competition.

Local Man Sought In Connection With Car Burglaries

The Gilmer Police Department is asking the public for help in locating Keir Jaques Harris.

GILMER, TX., Jan. 29, 2009 -- Investigator Roxanne Warren of the Gilmer PD today named Keir Harris, 40, of Gilmer as a 'Person of Interest' in two car burglaries that occurred January 18, 2009 at the First Baptist Church parking lot and Gilmer Care Center parking lot.

Police are asking anyone with information regarding Harris’s whereabouts to contact the Gilmer Police Department at (903) 843-5545 or provide online tips at the Upshur County Crime Stoppers Website at http://upshurcounty.crimestoppersweb.com.

SFA Announces Free Income Based Scholarships

SFA to guarantee tuition for low-income families. Four year programs will place college within reach of disadvantaged students.

NACOGDOCHES, TX., Jan. 28, 2009 -- Students whose annual family income is $25,000 or less may now attend Stephen F. Austin State University free for four years as a result of the SFA Purple Promise approved by the Board of Regents Tuesday.

The program will be available to all incoming freshman students who meet admission requirements and income threshold, complete a specified number of credit hours each semester and maintain certain academic standards. According to Dr. Richard Berry, provost and vice president for academic affairs, the new program is part of SFA’s efforts to increase enrollment and support the state’s “Closing the Gaps” initiative.

“We want to motivate students who may think college is out of reach to apply at SFA,” said Dr. Richard Berry, provost and vice president for academic affairs. “This is an investment the university is willing to make in order to reassure students who may believe higher education is too expensive to be a part of their future.”

In addition, the regents approved the allocation of $20,000 in matching funds to endow need-based scholarships for economically disadvantaged and first-generation college students. The Greater Texas Foundation, a Brazos County non-profit corporation, has donated $20,000 for the endowment with the condition that the gift be matched with institutional funds

SFA regents also voted at their regular meeting Tuesday to increase the required minimum score for undergraduates on the Test of English as a Foreign Language. The test is required for admission of international students. The decision to raise the required minimum score was based on data on the academic progress of non-native speakers of English collected by the administration and the Office of International Programs.

“Feedback from professors regarding the recent performance of undergraduate international students enrolled in English classes indicated that these students needed to demonstrate higher levels of vocabulary and writing skills before matriculation,” said Dr. Daniel Norton, director of international programs at SFA. “I do not foresee that the increase in TOEFL requirements will have a negative impact on recruiting international students.”

Revised admissions procedures at the SFA Early Childhood Lab that give priority to children of full-time university employees also were approved. The procedures require that students be accepted on a first-come, first-served basis with exceptions made for children with currently enrolled siblings or a parent employed full time at SFA. Length of time on the wait list is the next determining factor for allocating positions. Additionally, the Early Childhood Lab management may exercise professional judgment in determining the makeup of individual classrooms to maintain the highest quality care for children enrolled at the facility.

At their meeting Tuesday, SFA regents also approved issuing requests for proposals for a project architect and construction manager at risk to proceed with plans for a new freshman residence hall and multi-level parking garage. The proposals will be reviewed by university staff, and finalists will make presentations to the board at the April meeting.

Steve Westbrook, vice president for university affairs, said the proposed new residence hall would address the current need for additional on-campus housing, while also planning for future growth. The occupancy rate in SFA residence halls exceeded 100 percent throughout the fall 2008 semester.

The new residence hall also will offer enhanced academic support programs designed to increase the university’s retention rate of first-year students, Westbrook said. “We know that once we move students from year one to year two, they are very likely to persist to graduation with us,” Westbrook said.

The regents received a report on upcoming maintenance projects totaling $10 million. SFA is issuing tuition revenue bonds to complete the various deferred maintenance projects, which have been approved by the Texas Higher Education Coordinating Board.

The projects include: a $700,000 renovation to the SFA Theatre where sets for university productions are assembled; a $2.5 million HVAC upgrade at the Nursing and Math Building; safety improvements such as upgraded fire alarms at various academic buildings totaling $700,000; and a new roof and other renovations at the Science Research Center totaling $150,000.

A $6 million renovation to the existing chemistry building also is planned, but the project will be deferred until the Texas Legislature makes a decision on the university’s request for a proposed new molecular science building. SFA has submitted a tuition revenue bond request to the 81st Texas Legislature to construct the state-of-the art facility.

Regents also voted to:

* Allocate $59,000 for the testing, adjusting and balancing of the new air-handling systems in the older section of the Baker Pattillo Student Center;
* Approve the installation of new elevators at Steen Library and the Ferguson Building; swimming pool equipment replacement at the Norton H.P.E. Complex; and electrical upgrades to the northeast section of campus. The cost of these projects will total approximately $1 million;
* Issue a Request for Qualifications for an energy service company to identify and evaluate energy savings opportunities and recommend improvements to be paid for with the energy savings;
* Allow the administration to work with the City of Nacogdoches and the Texas Department of Transportation to reconfigure traffic signals and traffic flow at the intersection of North Street and Vista Drive;
* Develop the site between the newly installed signage at the corner of North and College streets and the fine arts buildings with new landscaping and possibly a water feature;
* Approve the 2007-2008 Annual Financial Report that was submitted to the governor, comptroller of public accounts, legislative budget board, state auditor, Texas Higher Education Coordinating Board and Texas State Library, as required by law;
* Acknowledge the annual review of the university’s investment policy and strategy;
* Approve a list of qualified financial institutions and investment brokers;
* And renew a contract between SFA and Barnes & Noble College Booksellers, Inc. to provide bookstore operations and management for the university.

Source: SFA Press Release by Amy Roquemore, January 27, 2009

Sen. Hutchison Introduces Border Law Enforcement Legislation

Bill would Establish Dept. Of Justice Grant Program with Focus on Border Communities

WASHINGTON, DC, Jan. 28, 2009 -- U.S. Senator Kay Bailey Hutchison (R-TX), today filed The Border Law Enforcement Relief Act of 2009, S. 339, which would create a grant program at the U.S. Department of Justice to help border communities combat narcoterrorism.

“Our border law enforcement personnel are under assault. Powerful Mexican drug cartels threaten the safety of our communities and the law enforcement officials who protect us,” said Sen. Hutchison. “Congress must provide funding to combat narcotics trafficking and safeguard families and neighborhoods along the border that are on the frontlines. This legislation is an important step toward securing our borders and preventing violence in Mexico from spreading into our country.”

“Border violence places a financial burden on the taxpayers with law enforcement struggling to meet the personnel and the equipment needed to keep up with the combat against drugs. Our local police are outnumbered, outgunned, and do not have the financial resources to match the cartel’s unlimited financial budget. I appreciate Senator Hutchison’s leadership role in this endeavor of obtaining funds for the law enforcement in the border areas and looking out for the best interest of the United States,” said Sheriff Omar Lucio, Cameron County.

"Border security continues to be one of Laredo's top priorities. The City of Laredo would strongly benefit from this important legislation. Border communities are in dire need of additional resources to ensure the protection of their citizens. I applaud the efforts of Senator Hutchison to safeguard our borders,” said Raul Salinas, Mayor of Laredo.

"I fully support and appreciate Senator Hutchison's legislative initiative,” said Houston Police Department Chief Harold Hurtt. “The proposed Border Law Enforcement Relief Act is desperately needed to combat the growing violence along our southern border. It also recognizes that the major interior cities and urban areas are experiencing some of the same problems facing the border cities and provides funds necessary for large cities to combat the resulting drug and gang violence along with human trafficking, which is not restricted to border cities. A partnership between federal, state, and local law enforcement agencies is crucial to addressing these issues."

The Border Law Enforcement Relief Act of 2009, which was cosponsored by Sen. Jeff Bingaman (D- N.M.), will create and authorize $100 million in federal grant funding for each fiscal year from 2009 – 2013. Two-thirds of the funding will be designated for border communities within 100 miles of the northern and southern borders. The remaining one-third will go to law enforcement agencies nationwide that are affected by border-related criminal activity.

This grant funding may be used to obtain equipment, upgrade technology, hire additional personnel, and cover overtime and transportation costs associated with criminal activity along the border.

The National Sheriff’s Association pledged its support of the Border Law Enforcement Relief Act.

Dems Set To Expand SCHIP Program

Kids First, the Republican plan for re-authorization of the State's Children's Health Insurance Plan (SCHIP) failed today along party lines. Amendments to change the Democratic plan also failed.

WASHINGTON, D.C., Jan. 29, 2009 -- In what may be an indication of how congressional battles will go in the next two years, Senate Democrats voted down a GOP plan to reform and limit the SCHIP program, and also swatted away several Republican amendments to limit the Democrat's version.

The authorization for the current SCHIP program expires March 31st.

The Democratic version will decrease restrictions on income eligibility, and allow new immigrants to enter the program immediately, instead of waiting five years as required now.

Republicans, including John McCain (R-AZ), have called the Democratic bill an attempt to socialize insurance, and say it will increase the burden taxpayers bear by allowing more people to opt into the program.

Some estimates say as many as four million new children would become eligible under the plan, increasing costs by $32 billion. 7.4 million children are covered under the program now.

Cigarette smokers would bear much of the cost of the Democratic backed expansion, since their plan would raise the tax on a pack of cigarettes from 39 cents to $1.00 to pay for the programs increased cost.

Republicans claimed their bill, sponsored by Sen. John Cornyn (R-TX), focused on low-income children, and argue the Democratic version will increase taxpayer costs by allowing many now covered under private plans to swap their coverage to the taxpayer funded program.

"Republicans are committed to making sure every child has access to affordable health insurance, but there are important differences between Republicans and Democrats in how you get there," said Senate Minority Leader Mitch McConnell (R-KY).

Another Republican argument against the Democrats plan is that a current five year waiting period for immigrants to become eligible for the benefits will be removed. They claim that will further raise taxpayer costs.

Democrats counter that argument, calling Republican arguments anti-immigrant, and saying the children of legal immigrants should be covered immediately.

The Cornyn bill, offered as an amendment that would have gutted the Democrats bill, was tabled on an 64-33 vote, with seven Republicans voting with Democrats to effectively kill it.

Six other Republican backed amendments were either likewise tabled or rejected outright today, clearing the way for Senate Dems to pass their version unchanged. A final vote on that version is expected tomorrow.

President Obama, who campaigned on a promise to expand child health care, has pledged to sign the bill into law.

Sen. Cornyn On Relief Plan: "...Not The Time To Throw Another Trillion Dollars Into The Air..."

Sen. Cornyn Disappointed Democrats’ Economic Plan Fails To Employ Bipartisanship, Real Tax Relief, & Transparency.

WASHINGTON, D.C., Jan. 29, 2009 -— U.S. Sen. John Cornyn, R-Texas, a member of the Senate Finance Committee, today issued the following statement with regard to the $1 trillion bailout proposed by Democrat leaders in Congress:

“I was hopeful that my colleagues and I could work together in a bipartisan fashion to institute and promote real solutions to revive the economy, but sadly that is not the case. With a deficit projected to hit $1.2 trillion, this is not the time to throw another trillion dollars into the air and hope for the best.

“We need to come together to craft legislation that provides real relief for average, everyday Americans. It should begin with providing much overdo relief to the struggling housing market. Secondly, the majority of any economic stimulus plan should be tangible tax relief for families and small businesses. Hard-working Texans deserve to keep more of their own money to spend, save and invest how they see fit. Finally, any proposed new spending must be made fully transparent to ensure Congress is not spending taxpayer dollars on unnecessary or ineffective projects. If American families are having to tighten their belts and make tough financial decisions, the federal government should do no less.

“We should be able to present the American people with a final economic rescue product that reflects bipartisanship, true tax relief, and tangible economic growth measures that would yield immediate relief for our ailing economy. Today, I can safely say the $1 trillion ‘economic rescue plan’ is no such product.”

On ‘tax relief’:
“My frustrations are numerous. Chief among them is the Democrats’ attempt to pull the wool over the eyes of the American people when it comes to tax relief. President Obama requested that 40 percent of the plan be dedicated to meaningful tax relief. In reality, only 24 percent of the bill is dedicated to actual tax relief. During the Senate Finance Committee’s consideration of the proposal, the Majority voted against two amendments I offered that would have provided all taxpayers with more tax relief by lowering the 10 percent bracket to 5 percent and eliminating capital gains and dividends tax for middle-class taxpayers. Only 2.7 percent of the entire bill is slated for tax relief for small business owners—the backbone of our state and nation’s economy. Hard-working Texans and small business owners are my first priority when it comes to any efforts to stimulate the economy, and the Democrat proposal falls unacceptably short in real savings and true tax relief.”

On “stimulus spending”:
“With respect to Texas’ interests in the economic rescue plan, the most simple analogy that comes to mind is ‘robbing Peter to pay Paul.’ In Texas, we have embraced the ideals of low taxes and pro-growth policies that support our small businesses and middle class families. As a result, Texas has fared better than most during the current recession. While I fully support providing more tax and housing relief for Texans and putting policies in place that create jobs for Texans looking for work, I do not support capitalizing on Texas’ fiscal discipline to bail out less responsible states. Yet this is exactly what the Democrats’ plan would do. The plan would take billions in Texas taxpayer dollars and reward states who have been reckless spenders with pet projects dressed in ‘stimulus’ clothing.”

On ‘transparency’:
“As a strong advocate for open government, I am disappointed the economic rescue plan lacks the real kind of government transparency President Obama has promised. For starters, this plan was crafted largely behind closed doors without bipartisan input or support. Further, while the bill creates an ‘Accountability and Transparency Board,’ the non-partisanship necessary to make a board like this effective is missing. All members of this board will be hand-picked by the President, with no involvement from Congress. This board should include members from both parties who are committed to open government. As we’ve learned from past mistakes such as TARP, true transparency must be central to any new spending. The American people deserve to know how their tax dollars are being spent.”

Fast Facts about the Democrats’ economic rescue plan:

* The plan establishes at least 32 new government programs at a cost of over $136 billion. That means more than a third of this plan’s spending provisions are dedicated to creating new government programs.
* Even though the legislation contains at least 152 separate spending proposals, the authors of the plan can only say that 34 have any chance at keeping or growing jobs.
* The Congressional Budget Office has issued a report showing that much of the stimulus spending would not occur quickly and therefore won’t help the economy now.
* Although the proposal has been billed as a transportation and infrastructure investment package, in actuality only $30 billion of the bill – or three percent – is for road and highway spending.
* Examples of pet projects Democrats wanted included in the rescue plan:
- $600 million for new cars for the federal government.
- $335 million for STD prevention
- $50 million in funding for the National Endowment of the Arts.
- $44 million for repairs to U.S. Department of Agriculture headquarters.
- $200 million for the National Mall, including $21 million for sod.
- $4 billion in assistance for "nonprofit entities or consortia of nonprofit entities” including ACORN, which is currently under criminal investigation.

Tuesday, January 27, 2009

Upshur County Fuel Price Update - Jan. 20, 2009

Upshur fuel prices are a few cents below the average for the midwestern states, and about a nickel below the national average.

Click graphic to enlarge view.
Provided by the Energy Information Administration.

Local Gas and Diesel Prices 01-26-09
City	Unleaded	Premium	Diesel
Big Sandy	1.72	2.07	2.19
Diana	1.78	2.09	2.19
Gilmer	1.74	2.02	2.19
Ore City	1.78	2.09	2.19

Cornyn Backs Bill To Increase Program Funds For Low Income Children

Sen. Cornyn announces support for bill that increases funding for low-income children through the State Children’s Health Insurance Program (SCHIP).

WASHINGTON, D.C., Jan. 27, 2009 -— U.S. Sen. John Cornyn, R-Texas, today co-sponsored Kids First, a bill that expands funding and services made available for low-income children through the State Children’s Health Insurance Program (SCHIP), while protecting Texas taxpayers.

If passed, the bill would significantly increases funding available for Texas children, limits the ability of other states to expand eligibility, and provides funding for outreach and enrollment efforts.

The legislation also establishes a new allotment formula based on state projected expenditures, actual expenditures and the number of uninsured low-income children in the state. Importantly, Texas will receive sufficient allotments to cover expenditure projections provided by HHSC. In the event that spending or enrollment increases, the formula provides a buffer to make sure there are sufficient funds for the program.

“SCHIP is a critical program that provides health care coverage and preventative services to low-income children who are unable to obtain care on their own. Since its inception, SCHIP has been extremely important to Texas children, and I strongly support expanding this program. Kids First would considerably increase the funding currently available to Texas, commit $400 million to enrolling eligible children, and target low-income children. There are millions who are eligible nationwide but are not yet enrolled in SCHIP and Medicaid. Here in Texas, there are an estimated 850,000 kids who fall under that category, and this legislation makes enrolling and covering low-income children its utmost priority,” Sen. Cornyn said.

“In trying economic times, it’s important we accomplish this goal without placing the burden on taxpayers. Kids First protects taxpayer dollars and pays for the expansion by reducing administrative costs, duplicative spending and eliminating earmarks.

“Conversely, the Democrats’ bill shifts the focus away from low-income children who need it the most. Under their proposal, families with incomes up to $100,000 a year, parents, and childless adults would receive billions of taxpayer dollars. It’s unconscionable that the Democrats want to expand the program beyond its original intent and enroll upper middle-class families before states have enrolled children from families below 200 percent of the federal poverty level. Equally troubling, their legislation raises taxes on low-income families, uses a budgetary gimmick to mask the true cost of the bill, and provides earmarks for New York and New Jersey.

“We must continue to improve access to health care. I support expanding SCHIP, and the Kids First bill I’m co-sponsoring will accomplish that goal in a fiscally responsible manner and protect low-income children. I hope my colleagues will agree and make the right choice to cover low-income children first.”

Specifically, the Kids First bill:
* Provides allotments to Texas over the next five years at levels beyond projected spending, as provided by HHSC. The annual excess allotment as well as previously unused funds still available to Texas provides a buffer in case actual spending exceeds HHSC projections.

* Protects Texas taxpayers by using a reliable funding source, not raising taxes, and by preventing states from liberally expanding their SCHIP and Medicaid programs to families with higher incomes, parents, and childless adults, who are all beyond the original intent of the program.

* Provides $400 million over 5 years for outreach and enrollment, and requires the Secretary to develop a National Enrollment Campaign.

* Gives states increased premium assistance options to families in order to seek coverage for their children in the private market.

* Reduces administrative costs and waste as well as earmarks.

Gov. Perry Urges Action On Education, Border Security, Margins Tax

Governor pushes legislators for movement on critical issues in his annual State of the State address.

AUSTIN, TX., Jan. 27 – In light of a bleak national economy that is beginning to impact Texas, Gov. Rick Perry today called on legislators in his State of the State address to stay the course with proven fiscal principles and policy initiatives that have made Texas the number one job creator in the nation.

“As shockwaves of this crisis begin to resonate in Texas, we’re reminded that we’re not immune to these forces, yet we’re still in better shape than most other states,” Gov. Perry said. “I credit our relatively strong economic condition to tough, principled decisions made in this building over the past three legislative sessions.”

Despite a sobering revenue estimate, the governor said the state can still invest more money in important priorities that will help Texans weather the economic downturn.

“In tough times, others see threats; Texans see opportunity,” Gov. Perry said. “The nationwide struggles are creating a buyer’s market for economic development, so let’s be bold and win even more jobs for Texans.”

One of the major policy initiatives outlined in the governor’s speech was the call to freeze college tuition for four years at the rate a student pays as an entering freshman.

“Let’s work together to make college accessible and affordable for more qualified, motivated students than ever before,” Gov. Perry said. “Freezing a student’s tuition rates will help families plan for the long term, and give students a powerful incentive to finish college in a timely manner.”

In his address, Gov. Perry also recommended revisiting the business margins tax and looks forward to working with legislative leaders to consider changes like raising the small business exemption to $1 million in an effort to protect small businesses in Texas.

“With one collection cycle under our belts and plenty of feedback from the comptroller and business owners, we now know enough to improve it; the question is how,” the governor said. “Our guiding priority must be shrinking, not expanding, the burden on the small businesses that are the backbone of our economy.”

Education remains a key priority for the state. Gov. Perry urged legislators to continue emphasizing student performance accountability, and funding of teacher incentive and dropout prevention programs like the Texas High School Project.

In setting the state’s priorities, the governor asked legislators, “Will the decisions we make in this session ensure your children and grandchildren have the resources they need to thrive in Texas?”

To that end, he encouraged lawmakers to tap the Rainy Day Fund to pay for critical water needs outlined in the state’s well-researched and locally-produced Water Plan, and to continue diversifying the state’s energy sources.

Gov. Perry also emphasized the need to solidify Texans’ private property rights through a Constitutional amendment limiting government’s eminent domain authority to traditional public uses.

In outlining public safety needs, the governor said Texas must aggressively combat violent transnational gangs and establish a fund to help local communities prepare for and respond to disasters, such as hurricanes Ike and Dolly, which struck the state last year.

The governor also presented his proposed budget for the 2010-11 biennium, telling lawmakers he is adopting the budget proposed by the Legislative Budget Board as a starting point to meet the state’s needs for the next two years.

“Writing the state’s 2010-11 budget in this economic environment is the most significant challenge facing the 81st Texas Legislature,” the governor said in his budget message. “I believe Texas is best served if the governor and the Legislature work together over the next 126 days to jointly craft a budget that reflects our principled commitments to this state. I look forward to working with lawmakers to finalize a responsible budget that keeps Texas a great place to live and work, and ensures we will weather the nation’s financial crisis with the strength and vision characteristic of this great state.”

The governor’s proposed budget lists his policy priorities, including:

· Replenishing the state’s economic incentive funds with $260 million to the TEF and $203.5 million to the ETF – the state’s most powerful tools for job creation and research and commercialization funding – and $60 million to the Texas Film Incentive Program, a growing economic resource for the state, which contributed $102.4 million to the state’s economy in 2008.

· Allocating $622.5 million to continue and expand teacher incentive and reward programs, including the District Award for Teacher Excellence and Texas Educator Excellence Grant programs. Those programs are designed to improve student performance and retain good teachers in critical subjects and hard-to-staff campuses.

· Increasing funding for higher education incentives and funding for nursing education.

Increasing student financial aid with $110 million for the TEXAS Grant program; tripling funding for community college financial aid through the Texas Education Opportunity Grant; expanding the Skills Development Fund program to $60 million for the next biennium; and funding $10 million for the hospital-based nursing program that leverages partnerships between hospitals and academic institutions to graduate more nurses.

· Protecting the safety and security of Texans by allocating $150 million for a disaster contingency fund, which would enable the state to quickly mobilize funding for essential needs prior to and following natural disasters, including assisting local communities in recovery efforts.

· Improving border security with $135 million to continue the state-led border security strategy and to combat the growing threat of transnational gang activity across the state.

The governor acknowledged in his State of the State address that the economic situation may make negotiations difficult over the next 126 days.

“As we work on behalf of all Texans, we may disagree, and sometimes disagree vigorously, but when the day is done, we’ll hammer out the details and we’ll make things happen, Texas-style, by putting the people first.”

For more information on the State of the State Address and Gov. Perry’s budget and policy priorities, please visit: http://www.governor.state.tx.us.

Ice Storm Warning For Upshur

National Weather Service posts ice storm warning for the county and surrounding areas.

SHREVEPORT, LA., Jan. 27, 2009 -- The National Weather Service's office in Shreveport posted an ice storm warning this morning that includes Upshur County and a large portion of the four corners region.

The warning is for the following Texas counties: Red River, Bowie, Franklin, Titus, Camp, Morris, Wood, Upshur, and Smith. It includes the cities of Clarksville, Texarkana, Mt. Vernon, Mt. Pleasant, Pittsburg, Daingerfield, Quitman, Gilmer, and Tyler.

Text of the warning follows:

1040 AM CST TUE JAN 27 2009

AN ICE STORM WARNING REMAINS IN EFFECT UNTIL 12 PM CST WEDNESDAY.

TEMPERATURES WILL DROP THROUGHOUT THE DAY TODAY...AS A COLD FRONT
WORKS SOUTH INTO THE AREA AHEAD OF AN APPROACHING UPPER LEVEL
STORM SYSTEM. LATE MORNING TEMPERATURES ARE HOVERING IN THE MID
30S...WITH PATCHY RAIN OCCURRING ACROSS MUCH OF THE AREA.
HOWEVER...BY NOON...RAIN IN SOME LOCATIONS WILL TRANSITION TO
FREEZING RAIN AS TEMPERATURES REACH THE FREEZING MARK. ICE
ACCUMULATIONS OF ONE HALF OF AN INCH TO AN INCH OR MORE ARE
POSSIBLE BY NOON WEDNESDAY.

AN ICE STORM WARNING MEANS SEVERE WINTER WEATHER CONDITIONS ARE
EXPECTED OR OCCURRING. SIGNIFICANT AMOUNTS OF ICE ACCUMULATIONS
WILL MAKE TRAVEL DANGEROUS OR IMPOSSIBLE. TRAVEL IS STRONGLY
DISCOURAGED. COMMERCE WILL LIKELY BE SEVERELY IMPACTED. IF YOU
MUST TRAVEL...KEEP AN EXTRA FLASHLIGHT...FOOD...AND WATER IN YOUR
VEHICLE IN CASE OF AN EMERGENCY. ICE ACCUMULATIONS AND WINDS WILL
LIKELY LEAD TO SNAPPED POWER LINES AND FALLING TREE BRANCHES THAT
ADD TO THE DANGER.

Monday, January 26, 2009

Sheriff's Office Intercepts Drug Shipment To Jail Inmate

Local woman charged with sending drugs to the Upshur County Jail.

GILMER, TX., Jan. 26, 2009 -- In a press release today, the Upshur County Sheriff's Office said it had arrested and jailed Deanna Michelle Pelaez, 25, of Gilmer, on a charge of Prohibited Substance in a Correctional Facility.

The arrest happened last Wednesday, after Pelaez allegedly attempted to send four grams of marijuana to a friend of hers who is jailed on an unrelated charge.

The investigation is ongoing, and Pelaez remains in jail tonight, her bond is set at $25,000.00.

Sheriff Betterton wishes to remind anyone who attempts to send contraband into the jail that they can face serious felony charges.

Sheriff's Report 01-19-09 to 01-25-09

Calls regarding 13 Thefts, 10 assaults and 2 burglaries keep the Sheriff's Office busy last week.

GILMER, TX., Jan. 26, 2009 -- Sheriff Anthony Betterton reports that 135 calls for service were reported to the Upshur County Sheriff's Office between the dates of 1-19-09 and 1-25-09.

Sheriff Betterton also reports that 33 people were booked into the Upshur County Jail on a variety of charges which include Assault, DWI, Theft, Possession of a Controlled Substance, Stolen Vehicle, Evading Arrest, Prohibited Substance in a Correctional Facility, Burglary of Habitation, Aggravated Sexual Assault to a Child, Enticing a Child, Parole Violation, Federal Detainer, Terroristic Threats, Tampering with Physical Evidence, Criminal Mischief, Assault Family Violence and traffic.

There were also 40 people released from the Upshur county jail.

Thefts 13
Assault 10
Burglary 2
Criminal Mischief 7
Disturbance 9
Traffic 11
Suspicious Vehicle/Person 9
Civil Matters 2
Assist other agency 5
Drug cases 2
Unwanted Guest 6
Deaths 1
Shots Fired 2
Juvenile 3
Harassment 2
Other 51

Ore City ISD Raising Lunch Prices

Across the board increase goes into effect next Monday.

ORE CITY, TX., Jan. 26, 2009 -- According to a notice posted on the ISD website, Ore City students, faculty and visistors will be paying more to eat at school cafeterias next week.

In their Jan. 19th Regular Meeting, ISD Board members voted to rise student, faculty and visitor lunch prices by 50 cents.

The notice states that beginning Monday, Feb. 2nd, the increased prices will go into effect. The new prices will be as follows:

BREAKFAST
* All students: $1.25
* All Adults: $1.50

LUNCH
* Elementary Students: $2.00
* Middle and High School Students: $2.25
* Faculty: $3.00
* Visitors: $3.50

You can read the notice at http://www.ocisd.net/education/components/scrapbook/default.php?sectiondetailid=2740&PHPSESSID=b60c9ffd5bdbd6c6d4017ba4f835742e.

Sunday, January 25, 2009

ERCOT: 2008 Energy Consumption Up 1.7 Percent

Report says June '08 energy use exceeded use in the same month in '07 by 11.8 percent.

PRESS RELEASE, Jan. 22, 2009 -- Energy consumed in the ERCOT region in 2008 totaled 312,401 gigawatts, a 1.7 percent increase over 2007, according to the 2008 demand and energy report. The month of June had the highest increase over 2007 at 11.8 percent, followed by July with 11.3 percent and May with 9.6 percent.

The report also includes a breakdown of total energy consumed by fuel type:


Fuel Type      2008             2008               2007
            MW hours    Percent of Total   Percent of Total
Natural Gas  132,698,486        43.0               45.5 
Coal         114,735,669        37.1               37.4
Nuclear       40,708,940        13.2               13.4
Wind          15,237,876         4.9                2.9
Water            769,583         0.2                0.4
Other          4,808,901         1.6                0.4

The peak hourly demand last year was 62,174 megawatts (MW), recorded on Monday, Aug. 4, in the hour-ending at 5 pm. This 2008 peak did not top the all-time maximum peak demand of 62,339 MW, recorded on Aug. 17, 2006.

The Electric Reliability Council of Texas (ERCOT) manages the flow of electric power to 21 million Texas customers – representing 85 percent of the state’s electric load and 75 percent of the Texas land area. As the independent system operator for the region, ERCOT schedules power on an electric grid that connects 38,000 miles of transmission lines and more than 550 generation units.

Tyler Police Issues Amber Alert For Missing 11 Year Old

Iridian Julissa Rodriguez, 11, of Tyler is missing and suspected of being abducted.

TYLER, TX., Jan. 25, 2009 -- The Tyler Police Department today posted an Amber Alert for Iridian Juiissa Rodriguez, an 11 year old female.

The alert states the girl has been sneaking out of her house meet Vasquez Enrique, 23, also of Tyler.

Enrique is a hispanic male, 6'1", 210lbs with black hair and brown eyes.

The pair are thought to be traveling in a blue 1999 Pontiac Firebird, with Texas License Plates number T31-NJW. The vehicle has a sunroof and is missing the passenger side door mirror.

Anyone with information on the pair is asked to contact the Tyler Police Department's 24 hour phone line at (903) 531-1000. Reports can also be faxed to (903) 531-1006, or emailed to dmartin@tylertexas.com.

See the full alert at http://www.beyondmissing.com/bm?p=Lookup&ID=1249.

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